Section DHS 149.05 - Minimum requirements for vendor authorizationA vendor may be eligible to become an authorized vendor, remain an authorized vendor, or be eligible for renewal as an authorized vendor if all of the following conditions are met:
(1) The vendor is located in Wisconsin.(2) The vendor has a fixed location unless otherwise allowed by the state WIC office, as in the case of a designated disaster or emergency.(3) The vendor demonstrates business integrity. Note: Activities that would indicate a lack of business integrity include fraud, antitrust violations, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, making false claims, obstruction of justice, or aiding and abetting any of these activities.
(4) The vendor and any of its representatives, agents, managers, employees, or other persons who directly or indirectly participates in the operation of the grocery store or pharmacy have not been convicted of a crime, or had a civil or criminal judgment entered against them in Wisconsin or any other state during the last 6 years for an activity that would indicate a lack of business integrity.(5) The vendor and any of its representatives, agents, managers, employees or other persons who directly or indirectly participate in the operation of the grocery store or pharmacy, who has current or prior involvement with WIC or the food stamp program, has an acceptable history with WIC and the food stamp program. In determining whether the history is acceptable, the state WIC office shall consider the person's history with either WIC or the food stamp program, including whether the person conducts or has conducted business without authorization by WIC or the food stamp program as applicable.(6) The vendor is not currently disqualified from the food stamp program and has not had a food stamp program civil money penalty suspended for hardship where the disqualification period that would otherwise have been imposed has not expired.(7) The vendor has not been adjudged to be delinquent in the payment of taxes under ch. 71, 72, 76, 77, 78 or 139, Stats.(8) The vendor has not been sold by its previous owner to another vendor or owner in an attempt to circumvent a WIC sanction. The state WIC office may consider such factors as whether the previous owner sold the grocery store or pharmacy to a person who is related by blood or marriage to the previous owner or sold to any individual or organization for less than the grocery store or pharmacy's fair market value.(9) The vendor has no outstanding forfeitures, recoupment assessments, enforcement assessments, or civil money penalties that were levied against that vendor for a violation of this chapter, or for a violation of s. 253.06, Stats., or 7 CFR 246.(10) The vendor is not an above-50-percent vendor at the time of the initial application for authorization to be a WIC vendor.(11) The vendor's maximum price for a standardized combination of foods is the same or less than the prices charged by other vendors in the vendor's peer group.(12) The vendor purchases infant formula provided to participants only from a supplier listed on the authorized infant formula provider list.(13) The vendor has regular, established hours of operation which include a minimum of two 4-hour blocks of time on each of 5 days per week and daily operating hours are consistent from week to week.(14) The vendor has not accepted WIC checks before becoming an authorized vendor.(15) The vendor meets the minimum stock requirement on shelves or in coolers in the customer area, unless otherwise specified in the contract.Wis. Admin. Code Department of Health Services DHS 149.05
CR 07-115: cr. Register June 2008 No. 630, eff. 7-1-08; correction in (9) made under s. 13.92(4) (b) 7, Stats., Register July 2011 No. 667.